Unless they caught him actually crossing the border with a hicap magazine, there is no way to prove the crime. Even an admission isn't sufficient to convict. possession is not illegal. You can make all th presumptions and suppositions that you want, but it isn't evidence.

The Hicap laws are so poorly written that they are almost unenforceable. I doubt many cops would waste their time even trying to prove it unless someone is being a jackwagon and begging to go to jail.

This goes for John Q. Public and wall as Johnny Lawman.

__________________Bob Lindsey for LA County Sheriff!
He is Pro 2A and “Shall Issue”

I worked directly for Bob at my last assignment before retiring. He was my Commander. He is a man of honor and integrity.

LEOSA is very clear on what a firearm is and what is covered. There is no gray area or need for a test case of any sort. If you quality under section c with that type of firearm, then you can carry it, it doesn't matter if it's a Judge or a AR-15. It's a notwithstanding law and it sounds like some people need to be educated on the supremacy clause.

LEOSA does not say handgun, it says "firearm". If you still have no idea then go read Title 18 of the U.S. Code. The only restriction is that it must not be an NFA firearm.

Magazine capacity is silent under LEOSA, so no one knows for sure.

As far as the couple of people on here advocating for the thin blue line and to look the other way, that's unacceptable. If you are willing to ruin Joe public's life by arresting him or her for violating a gun law (unless a federal or state exemption is met) then the same should go for other cops. This is part of the reason us LEO's are losing respect in the publics eye.

If average John Q is suppose to know all the laws, then so is an out of state cop.

As far as the couple of people on here advocating for the thin blue line and to look the other way, that's unacceptable. If you are willing to ruin Joe public's life by arresting him or her for violating a gun law (unless a federal or state exemption is met) then the same should go for other cops. This is part of the reason us LEO's are losing respect in the publics eye.

If average John Q is suppose to know all the laws, then so is an out of state cop.

I'm not sure I'm in agreement with this Jared. Are you honestly saying that you'd scratch both John Q. Public as well as an off duty officer for doing 10 over the speed limit? Or do you sometimes use "officer discretion"? (on both John Q. as well as other officers) I write very few tickets in general (we are not encouraged to at my agency), but have written a ticket for 6 MPH over the limit once. It was not to an officer and in my determination, it needed to be written in the interestes of justice. I have never written an off duty officer for 6 MPH over the limit. If you'd let an officer off and not John Q., then feeling differently about magazine capacity laws would be a double standard.

Now back to "high capacity" magazine laws. I've been a cop for a while now and I have never cited or arrested someone for possession of a high capacity magazine. I just asked my partner, who has been an officer for 25 years, the same question. He hasn't either. In fact we aren't personally aware of any of our coworkers doing it either. Remember, possession of a high capacity magazine alone is not illegal.

Did anyone ever think that the reason the LEOSA is "silent" on magazine capacity is because it's too obvious even to point out? A magazine is part of a firearm. If an off duty officer is allowed to bring a firearm into the state legally, they are allowed to bring in the parts for it. It's not written because it's a given. By the way, they can also bring in the trigger, hammer, and recoil spring guide rod.

As far as the couple of people on here advocating for the thin blue line and to look the other way, that's unacceptable. If you are willing to ruin Joe public's life by arresting him or her for violating a gun law (unless a federal or state exemption is met) then the same should go for other cops. This is part of the reason us LEO's are losing respect in the publics eye.

If average John Q is suppose to know all the laws, then so is an out of state cop.

I don't want to get into an argument but I smell a fake. I have NEVER heard another cop refer to an arrest as ruining a life. And a real cop would never state "average John Q is supposed to know all the laws." I am a real cop and I don't know all the laws.

I'm not sure I'm in agreement with this Jared. Are you honestly saying that you'd scratch both John Q. Public as well as an off duty officer for doing 10 over the speed limit? Or do you sometimes use "officer discretion"? (on both John Q. as well as other officers) I write very few tickets in general (we are not encouraged to at my agency), but have written a ticket for 6 MPH over the limit once. It was not to an officer and in my determination, it needed to be written in the interestes of justice. I have never written an off duty officer for 6 MPH over the limit. If you'd let an officer off and not John Q., then feeling differently about magazine capacity laws would be a double standard.

Now back to "high capacity" magazine laws. I've been a cop for a while now and I have never cited or arrested someone for possession of a high capacity magazine. I just asked my partner, who has been an officer for 25 years, the same question. He hasn't either. In fact we aren't personally aware of any of our coworkers doing it either. Remember, possession of a high capacity magazine alone is not illegal.

Did anyone ever think that the reason the LEOSA is "silent" on magazine capacity is because it's too obvious even to point out? A magazine is part of a firearm. If an off duty officer is allowed to bring a firearm into the state legally, they are allowed to bring in the parts for it. It's not written because it's a given. By the way, they can also bring in the trigger, hammer, and recoil spring guide rod.

Mags may not be understood because originally ammo was silent, but in 2010,
they added ammo as being preempted because of New Jersey. I tried (and others on this forum) in 2010 to get mags added in, but it was too late. maybe it will be a future amendment.

While I understand your analogy on speeding tickets, enforcing state law isn't covered under my authority. I only deal with certain sections of federal law.

John Q here. My guess is the bad guys you have arrested that belong to say zetas or Emmy don't forget and don't live in just one state. I would hope you would be allowed to protect yourself while on vacation. The rub I know of is Canada not California. I hope they enjoy their vacation.

There are a lot of occupations that deal in discretion that doesn't make it good or bad it just happens. Friends son could have gone for a felony at 18 officer let the very small amount of grass blow away while on the hood of his car took the kid home and evaluated parent determined problem would be solved and turned him over to dad. Son was asked if he wanted to go to juvenile hall or home he said juvenile hall Dad is going to kill me.
If that is bad discretion then I hope more of you get it.

Hitman, can you make it open ended for anywhere in the U.S. (since it's LEOSA covered) or do you need one for each state as a destination? Because if I would need one for each state then when I go home to New England, I would need 4 since I visit 4 states.